Direct Payment to Eligible Non-Attorney Representatives

Requirements for Direct Payment to Non-Attorney Representatives

The Social Security Disability Applicants’ Access to Professional Representation Act of 2010, Public Law No. 111-142 permanently extends fee withholding to all eligible non-attorney representatives. Section 206 (e) of the Social Security Act (Act) Social Security Act §206 [42 U.S.C.406] (e) sets forth prerequisites that non-attorney representatives must satisfy in order to receive direct payment of fees. Non-attorney representatives must possess a bachelor’s degree or equivalent qualifications, pass a written examination administered by the Social Security Administration, secure professional liability insurance or equivalent, undergo a criminal background check, and complete continuing education courses.